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PLANNING DEPARTMENT GRTti
Community Development Division MAS5AGWJ5 --ITS
1600 Osgood street
North Andover, Massachusetts, 01845
Phone: 978-688-9535 This is to certify thatUwyg
have elapsed from dat decision,filed
Fax: 978-688-9542 without filing of an p at.
NOTICE OF DECISION Townn Ci®rif Toy ' k shave
Any appeal shall be filled
within (20)days after the f;�- — rw
date of tiling this notice in
the office of the Town Clerk.
Date: June 27, 2007
Date of Hearing: May 1, 2007, June 5 and
June 26, 2007
Date of Decision: June 26, 2007
Petition of: Brooks School
11.60 Great Pond Road
North Andover,MA 01845
Premises Affected: Brooks School, 1160 Great Pond Road,Assessors Map 90C,Parcel 25
and Map 1039 Parcel 2&
Referring to the above petition for a Watt ed S ecial Permit from the requirements of the North Andover
Zoning Bylaw,Section 4.136.3(b)(ii)(1).
So as to allow: the construction of a detention pond and outlet structures within the Non-Discharge buffer
none of the Watershed Protection District within the Residential 2(R2)Zoning District.
After a public hearing given on the above date, and upon a motion by Richard Rowen and 2" by John
Simons to APPROVE a Watershed Special Permit as amended and based upon the following conditions.
Vote was unanimous 4-0.
"half ofthe North An er Planning Board
Richard Nardella,Chairman
John Simons,Vice-Chairman
Richard Rowen
Jennifer Kosek
ATTEST:
A True.-Copy
c-a.
Town Clerk '
1
Brooks School, 1160 Great Pond Road
Map 90C,Parcel 25 &Map 103,Parcel 28
Watershed Special Permit-Construction of detention pond and outlet structures
The public hearing on the above referenced application was opened on May 1, 2007 and closed by the North
Andover Planning Board on June 5, 2007. On June 26, 2007, upon a motion made by Richard Rowen and
seconded by John Simons to GRANT a Watershed Special Permit as amended in order to construct a
detention pond and outlet structures within the Non-Discharge buffer zone of the Watershed Protection
District associated with Lake Coebichewick.
The proposed detention pond and outlet structures are located at 1160 Great Pond Road,North Andover,
Massachusetts,01845,Map 90C,Parcel 25 and Map 103,Parcel 28 and is located within the Non-Discharge
Zone of the Watershed Protection District under the requirements of Section 4.136& 10.3 of the North
Andover Zoning Bylaw.This Special Permit was requested by Brooks School,Trustee, 1160 Great Pond
Road,North Andover,MA 01845. The applicant submitted a complete application,which was noticed on
April 3& 10,2007,and reviewed in accordance with Section 4.136 of the Town of North Andover Zoning
Bylaw and MGL Chapter 40A, Section 9. The lot was created in 1928 and is subject to the Watershed
Protection District provisions for lots before October 24, 1994. Public hearings were held on May 1,2007,
June 5,2007,and June 26,2007.
The Planning Board voted on the motion by Richard Rowen and seconded by John Simons to approve the
Watershed Special Permit. A special permit issued by the special permit granting authority requires a
vote of at least four members of a five-member board.
The applicant is hereby notified that should the applicant disagree with this decision, the applicant has the
right,under MGL Chapter 40A, Section 17, to appeal to this decision within twenty days after the date this
decision has been filed with the Town Clerk.
In accordance with 4.136 the Planning Board makes the finding that the intent of the Bylaw, as well as its
specific criteria, are met. This decision specifically stated by the Planning Board makes the following
FINDINGS OF FACT:
1) That as a result of the proposed construction in conjunction with other uses nearby,there will.not be any
significant degradation of the quality or quantity of water in or entering Lake Cochichewick. The
Planning Board bases this fmding on the following facts:
a) The proposed detention pond and outlet structures will have a negligible impact on Lake
Cochichewick given the design and function/purpose of the pond and proximity to the Lake.
Further, the detention pond and outlet structures will be constructed using Best Management
Practices;
b) The topography of the site will not be altered substantially. The detention pond and outlet structures
were specially designed and located to minimize the amount of grading/topographical changes and
take advantage of natural features of the property. Further,construction of the proposed storm water
management measures and erosion control measures will use Best Management and Engineering
Practices and not substantially alter the topography of the site;
c) The limit of clearing and impact is restricted to the minimum necessary to construct the proposed
detention pond and outlet structures as shown on the plan; and
d) The construction of the detention pond and outlet structures and storm water management plan have
been reviewed by the Town's outside consultant and Town Planner and determined that there will be
2
Brooks School, 1160 Great Pond Road
Map 90C,Parcel 25 &Map 103,Parcel 28
Watershed Special Permit-Construction of detention pond and outlet structures
no degradation to the quality or quantity of water in or entering the isolated vegetated wetland or
Lake Cochichewick.
2) There is no reasonable alternative location outside the Non-Discharge Zone for any discharge, structure
or activity.
In accordance with Section 10.31 of the North Andover Zoning Bylaw, the Planning Board makes the
following FINDINGS OF FACT:
1) The specific site is an appropriate location for the proposed use as all feasible storm water and erosion
controls have been placed on the site. The project will be built using Best Management Practices;
2) The use will not adversely affect the neighborhood as the lot is located in a Residential 2 Zoning District;
3) There will be no nuisance or serious hazard to vehicles or pedestrians;
4) Adequate and appropriate facilities are provided for the proper operation of the proposed use;
5) The Planning Board also makes a specific finding that the use is in harmony with the general purpose and
intent of the North Andover Zoning Bylaw;
Upon reaching the above findings,the Planning Board approves this Special Permit based upon the following;
SPECIAL CONDITIONS:
1) The Town Planner shall approve any changes made to these plans. Any changes deemed substantial
by the Town Planner would require a public hearing and modification by the Planning Board.
2) Prior To Any Work On Site:
a. A performance guarantee of two thousand dollars ($2,000) in the form of a check made out to the
Town of North Andover must be posted to insure that construction will take place in accordance with
the plans and the conditions of this decision and to ensure that the as-built plans will be submitted.
b. The limit of work as shown on the plan by the erosion control line must be marked in the field and
must be reviewed and approved by the Town Planner and Conservation Department,
c. All erosion control measures as shown on the plan must be in place and reviewed by the Town.
Planner and Department. Deteriorated erosion control measures shall be replaced and maintained
throughout the duration of the project.
d. If applicable, the site shall have received all necessary permits and approvals from the North
Andover Conservation Commission,Board of Health, Zoning Board of Appeals and the Department
of Public Works and be in compliance with the above permits and approvals.
3) Prior to issuance of a building permit:
a. The Planning Board must endorse the final site plan mylars and three copies of the signed plans
must be delivered to the Planning Department.
b. The decision must be filed with the North Essex Registry of Deeds. One certified copy of the
recorded decision must be submitted to the Planning Department.
3
Brooks School, 1160 Great Pond Road
Map 90C,Parcel 25&Map 103,Parcel 28
Watershed Special Permit-Construction of detention pond and outlet structures
c. No Pesticides,fertilizers or chemicals shall be used in lawn care or maintenance within 325' of
Lake Cachichewick or within 325' of wetland resource areas. The applicant shall incorporate
this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the
Town planner and included in the tile.
d. All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department,
5) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer in
Massachusetts that shows all construction, including storm water management services and other
pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. The
applicant must submit a certification from the design engineer that the site was constructed as shown
on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with the
approved plan.
6) In no instance shall the construction of the project as proposed be allowed to further impact the site than
as shown on the plan referenced in Condition# 11.
7) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
9) The provisions of this conditional approval shall apply to and be binding upon the applicant, it's
employees and all successors and assigns in interest or control.
10)This special permit was issued on June 26, 2007, however, this Special Permit shall be deemed to
have lapsed after a two (2) year period on June 26, 2009 unless substantial use or construction has
commenced,
11) This decision must be filed with the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Brooks School New Science Building
Prepared for: Brooks School
1160 Great Pond Road
North Andover,MA 01845
Prepared by: Architerra Inc.
68 Long Wharf
Boston,MA 02110
Scale: 1"=20'
Date: March 16,2007,revised 4/5/07
Sheets: A0.00, A2.01, A2.02, C0.01, C0.02, C2.01, C3.01, C3.02, C4.01, L1.00, L2.00,
L3.01,L3.02,1-4.00
4
Brooks School, 1160 Great Pond Road
Map 90C,Parcel 25 &Map 103,Parcel 28
Watershed Special Permit- Construction of detention pond and outlet structures
cc: Town Departments
Applicant
Engineer
Abutters
Assessor
S
i
Brooks School, 1160 Great Pond Road
Map 90C,Parcel 25&Map 103,Parcel 28
Watershed Special Permit-Construction of detention pond and outlet structures
c. No pesticides, fertilizers or chemicals shall be used in lawn care or maintenance witirirn 325" of
Lake Cochichewick or within 3251 of wetland resource areas. The applicant shall incorporate
this condition as a deed restriction, and a copy of the recorded deed shall be submitted to the
Town Planner and included in the rile,
d. All erosion control measures as shown on the plan must be in place and reviewed by the Town
Planner and Conservation Department.
5) Prior to release of the Performance Bond:
a) The applicant shall submit an as-built plan stamped by a Registered Professional Engineer nr
Massachusetts that shawl all construction, including storm water management services and other
Pertinent site features. This as-built plan shall be submitted to the Town Planner for approval. the
applicant must submit a certification from the design engineer that the site was constructed as shown
on the approved plan.
b) The Planning Board must by a majority vote make a finding that the site is in conformance with theapproved plan.
6) In no instance shall the construction of the project as proposed be allowed to further impact the site than
as shown on the plan referenced in Condition# 11.
7) No open burning shall be done except as is permitted during burning season under the Fire Department
regulations.
8) The Contractor shall contact Dig Safe at least 72 hours prior to commencing excavation.
9) The provisions of this conditional approval shall apply to and be binding upon the applicant, its
employees and all successors and assigns in interest or control.
10) This special permit was issued on June 26, 2007, however, this Special Permit shall be deemed to
have lapsed after a two (2) year period on June 26, 2009 unless substantial use or construction has
commenced.
11) This decision must be filed with. the North Essex Registry of Deeds. The following information is
included as part of this decision:
Plan titled: Brooks School New Science Building
Prepared for: Brooks School
1160 Great Pond Road
North Andover,MA 01845
Prepared by: Arebiterra Inc.
68 Long Wharf
Boston,MA 02110
Scale: 1"w 20'
Date: March 16,2007,revised 4/5/07
Sheets: A0.00, A2.01, A2.02, C0.01, C0.02, C2.01, C3,01, C3.02, C4.01, L1.00, L2.00,
L3.01,L3.02,L4,00
Plan titled: Drainage Calculations for New Science Building
Prepared for: Brooks School
4
'Brooks School, 1160 Great Pond Road
Map 90C,Parcel 25&Map 103,Parcel 28
Watershed Special Permit-Construction of detention pond and outlet structures
1160 0 Great Pond Road
North Andover,MA 01845
Prepared by: Rist-Frost-Shumway Engineering,P.C.
Laconia,New Hampshire
Post-Development Drainage Analyses Revised May 1,2007
Scale: 1"=40'
Date: 3/15/07 revised 4/30/07
Sheets: Drawings 1 &2
M. Town Departments
Applicant
Engineer
Abutters
Assessor